5/6/08-Gov. Mark Sanford signed a bill into law – H3496 – that ties increased penalties to the driver’s level of intoxication. The new rules take effect in February 2009.
Repeat offenders will face greater punishment. In addition, longer automatic license suspensions will result for drivers who refuse breath tests.
The tiered system mandates up to 30 days in jail or $400 fines for people found to be driving with blood-alcohol content at least 0.08 percent, but below 0.10 percent. Repeat offenders would face up to one year behind bars or up to $5,100 fines. Third offenses would result in as many as three years in prison or up to $6,300 fines. Fourth offenses could result in imprisonment for as long as five years.
For people found to be operating vehicles with BAC levels of at least 0.10 percent, but below 0.16 percent would face 30 days in jail or $500 fines. Repeat offenses would result in as much as two years in prison or up to $5,500 fines. Third offenses would result in as much as four years in prison or up to $7,500 fines. Fourth offenses could result in as much as six years behind bars.
The state’s worst drunken drivers are defined as those with alcohol levels of 0.16 percent or more. First-time offenders would face up to 90 days in jail, or $1,000 fines. Repeat offenses would result in up to three years in prison, or up to $6,500 fines. Third offenses would result in as much as five years in prison, or up to $10,000 fines. Fourth offenses could result in imprisonment for as long as seven years.
People who refuse to take tests to determine whether they are driving under the influence of alcohol would have their licenses suspended for six months. Existing state law allows for three-month suspensions.